O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-12-19 (2019)

Judgment suspended by appeal

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Where a judgment is entered and, within the time allowed for entering an appeal, an appeal is entered, the judgment shall be suspended.

History

(Orig. Code 1863, § 3488; Code 1868, § 3511; Code 1873, § 3569; Code 1882, § 3569; Civil Code 1895, § 5340; Civil Code 1910, § 5935; Code 1933, § 110-303.)

Annotations

Cross references. - For similar provisions, see § 5-3-7. As to certiorari and appeals to appellate courts generally, see

T. 5, C. 6. As to staying of proceedings to enforce judgments generally, see § 9-11-62.

JUDICIAL DECISIONS Suspension of judgment not to affect creditor’s rights. - While judgment is suspended upon the entering of an appeal, such suspension is not to affect the creditor’s rights. In re Tinsley, 421 F. Supp. 1007 (M.D. Ga. 1976), aff ’d, 554 F.2d 1064 (5th Cir. 1977). Appeal from order appointing administrator. - Appeal from an ordinary’s (now probate judge) order appointing an administrator suspends the judgment, but it does not vacate the judgment. Shadburn Banking Co. v. Streetman, 180 Ga. 500, 179 S.E. 377 (1935). Supersedeas deprives the trial court of jurisdiction to take further proceedings towards enforcement of the judgment superseded. Tyree v. Jackson, 226 Ga. 642, 177 S.E.2d 159 (1970). Simultaneous state and federal ac-

tions. - When simultaneous actions challenging the constitutionality of O.C.G.A. § 36-1-16 were pending in state and federal court, and an appeal from the federal district court order was pending, estoppel by judgment precluded state court consideration of the matter on appeal because judgments from a federal court remain binding during the pendency of an appeal and are not suspended. Mayor of Forsyth v. Monroe County, 260 Ga. 296, 392 S.E.2d 865 (1990). Cited in New Amsterdam Cas. Co. v. Russell, 103 Ga. App. 553, 120 S.E.2d 150 (1961); Lexington Developers, Inc. v. O’Neal Constr. Co., 143 Ga. App. 440, 238 S.E.2d 770 (1977); Bell v. Bell, 247 Ga. App. 462, 543 S.E.2d 455 (2000); Amstead v. McFarland, 287 Ga. App. 135, 650 S.E.2d 737 (2007).

RESEARCH REFERENCES C.J.S. - 50 C.J.S., Judgments, § 850. ALR. - Appeal from award of injunction as stay or supersedeas, 93 ALR 709. Right of appeal from judgment or decree as affected by acceptance of benefit thereunder, 169 ALR 985. Defeated party’s payment or satisfaction of, or other compliance with, civil judgment as barring his right to appeal, 39 ALR2d 153.

Liability insurer’s duty to pay injured person as affected by appeal or grant of new trial, or pendency of appeal or motion for new trial, from judgment against insured, or by the fact that time for appeal or motion for new trial has not expired, 31 ALR3d 899.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1990–2021 · leading case: Steed v. Fed. Nat'l Mortg. Corp., 689 S.E.2d 843 (Ga. Ct. App. 2009).
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Steed v. Fed. Nat'l Mortg. Corp., 689 S.E.2d 843 (Ga. Ct. App. 2009). · cites it 2× “See OCGA § 9-12-19 (“Where a judgment is entered and, within the time allowed for entering an appeal, an appeal is entered, the judgment shall be suspended.”
Amstead v. McFarland, 650 S.E.2d 737 (Ga. Ct. App. 2007). · cites it 2× “” OCGA § 9-12-19. Accordingly, the Gwinnett County judgment was automatically suspended, and the trial court here did not err in granting McFarland’s motion for summary judgment on loss of use (interest) damages.”
Cmty. State Bank v. Strong, 485 F.3d 597 (11th Cir. 2007). “”); Mayor & Alderman of City of Forsyth v. Monroe County, 260 Ga. 296 , 392 S.”
Cmty. State Bank v. Strong, 651 F.3d 1241 (11th Cir. 2011). “See Ga.Code Ann. § 9-12-19. Cash America specifically informed this Court before our decision in Strong I that it “intended] to appeal the [state court’s] Order.”
Mayor & Aldermen of the City of Forsyth v. Monroe Cnty., 392 S.E.2d 865 (Ga. 1990). · cites it 2× “440, 441 ( 238 SE2d 770 ) (1977)); see OCGA § 9-12-19. In the instant appeal, therefore, estoppel by judgment did not bar the federal court from entering its own order concerning the constitutionality of the statute.”
Bell v. Bell, 543 S.E.2d 455 (Ga. Ct. App. 2000). · cites it 2× “Compare OCGA § 9-12-19. See Etheredge v. All American Hummer Limousines, 269 Ga.”
Lovelace, III v. CSB Logistics, llc (Bankr. N.D. Ga. 2021). · cites it 2× “Plaintiff, however, timely filed a de novo appeal to the Superior Court of Fulton County, suspending the judgment’s effectiveness as a matter of law under O.C.G.A. § 9-12-19, and subsequently filed his Chapter 13 bankruptcy and the Complaint.”
Cmty. State Bank v. James Strong (11th Cir. 2011). “See Ga. Code Ann. § 9-12-19 . Cash America specifically informed this Court before our decision in Strong I that it “intend[ed] to appeal the [state court’s] fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and…”
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